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New Mexico Last Will and Testament

A New Mexico Last Will and Testament (a "Will") is a legal document that outlines your wishes related to asset distribution after death, such as who will inherit your money, your home, or your... Read more

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Making a Last Will and Testament in New Mexico

  • What is a New Mexico Last Will and Testament?

    A New Mexico Last Will and Testament (a "Will") is a legal document that outlines your wishes related to asset distribution after death, such as who will inherit your money, your home, or your personal belongings.

    The individual making a Will is called the "testator," and the individuals or entities being appointed to handle the testator's estate after death are called "executors." Suitable for New Mexico residents, this Last Will and Testament can be used in Bernalillo County, Dona Ana County, Santa Fe County, and in any other part of the state. Each New Mexico Will from Rocket Lawyer can be customized for your unique scenario. With this official legal document on hand, your loved ones will have a point of reference for your preferences.

  • How do I write a Will in New Mexico?

    It is very easy to set forth your preferences using a free New Mexico Last Will and Testament template from Rocket Lawyer:

    1. Make the document - Answer a few simple questions, and we will do the rest
    2. Send and share - Review your wishes with a lawyer, if desired
    3. Sign and make it legal - Optional or not, having two disinterested witnesses is recommended

    This method will often end up being notably more affordable than meeting and hiring a conventional attorney. If needed, you can fill out this Last Will and Testament on behalf of your spouse or another relative, and then have that person sign it after you've drafted it. Please keep in mind that for this document to be legally valid, the testator must be an adult who is mentally competent when they sign. In the event that the testator is already incapacitated and unable to make their own decisions, a court-appointed conservatorship might be required. In this scenario, it's important for you to connect with an attorney.

  • Why should I have a Will?

    If you are over 18 years old, you should have a Last Will and Testament. Even though it may be unpleasant to think about, your loved ones will want to know your preferences in relation to guardianship (if applicable), your assets, and your property, if you pass away. Typical circumstances in which you might consider it useful to make or update your Will include:

    • You are newly married or divorced
    • You are getting older or dealing with ongoing health issues
    • You have become a parent
    • You own or recently sold/bought real estate

    Regardless of whether this New Mexico Last Will and Testament has been generated as part of a long-term plan or created in response to a recent change in your life, notarization and/or witnesses often help to protect your document if a third party questions its authenticity.

  • Should I hire a lawyer for my Will in New Mexico?

    Writing a Will is typically straightforward, but you or your executor may still need legal advice. It will vary depending on whom you ask, but sometimes a lawyer won't even agree to review documents that they did not write. A better approach worth consideration is to get help via the On Call attorney network. By signing up for a Premium membership, you can ask for a document review from an On Call attorney with relevant experience or send additional questions about your Will. As always, we're here to support you.

  • What does it typically cost to make a Will in New Mexico?

    The fees associated with hiring a traditional law firm to produce a Last Will and Testament could total between $200 and $1,000, depending on where you are. When you use Rocket Lawyer, you aren't just filling out a Last Will and Testament template. In case you ever require assistance from a lawyer, your membership provides up to a 40% discount when you hire an attorney.

  • Will there be any next steps that I should be sure to take after I write my New Mexico Last Will and Testament?

    After completing your Last Will, you'll be able to view it on any device. With a membership, you will be able to edit, save it in Word or PDF format, and sign it. Alongside your New Mexico Will, you will discover a checklist of tips on what you can do next. Take care to store the signed original in a safe place. It is critical that at least one other person knows where it can be found after you have passed.

  • Does a Last Will and Testament need to be notarized or witnessed in New Mexico?

    The laws governing Wills will vary by state; however, in New Mexico, your document needs to be signed by two witnesses. As a basic rule, your witnesses must be mentally competent people who are of sound mind. Furthermore, it is strongly recommended that you have your Last Will and Testament notarized in order to emphasize the authenticity of the document.

    Legal references for a Will in New Mexico: Section 45-2-502

  • Does a Last Will and Testament need to be filed in New Mexico?

    A Last Will and Testament does not have to be filed until the testator has passed away. Filing the Will (in addition to any other forms needed by the county) allows for probate to begin.

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